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(영문) 대구지방법원 상주지원 2016.11.22 2016고단277

특수폭행

Text

1. Defendant A shall be punished by imprisonment with prison labor for four months and by imprisonment with prison labor for six months;

2.Provided, That this judgment shall become final and conclusive, respectively.

Reasons

Punishment of the crime

1. The Defendant 21:30 on March 22, 2016, at E-cafeterias located in D at the time of resident residence, and divided the victim’s fluent F with the victim’s e-mail at the victim’s 44 years old-old E-cafeterias. The Defendant her clicked the victim, saying, “picker,” and her clicked with the victim, she used the victim’s click, which is a dangerous object on the table of the location table, and assaulted the victim at one time due to an empty beer’s head.

2. 피고인 B 피고인은 위 1항 기재 일시, 장소에서 위험한 물건인 빈 맥주병으로 피해자 A(48세)의 머리를 1회 때리고, 피해자와 몸싸움하던 중 피해자가 바닥에 넘어지자 빈 맥주병으로 피해자의 머리를 2회 때려 피해자에게 약 14일간의 치료가 필요한 귓바퀴의 열린 상처, 머리의 기타 부분의 열린 상처 등의 상해를 가하였다.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. Legal statement of witness B and F;

1. Part of the prosecutor's office and police interrogation protocol of the defendant A and B

1. Statement A or F made by the police;

1. Application of Acts and subordinate statutes to each investigation report [ although the defendant Gap alleged that he did not throw a beer's disease at the time of the head of a beer's disease to B, it is proved that the testimony of a witness F and B present at this court is credibility, etc., and there is proof thereof];

1. Article 261 of the Criminal Act; Articles 261 and 260 (1) of the Criminal Act; Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Defendant B subject to discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants in a suspended sentence: Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act;